[Request for Reconsideration of Claims Group's Denial of Overtime Claim]

B-217937: Nov 26, 1985

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A former employee of the Department of the Treasury requested reconsideration of the denial of his claim for overtime compensation in lieu of compensatory time, contending that: (1) Treasury induced him to perform the overtime work that led to his claim; and (2) his supervisor erroneously informed him that there were no limits on the use of compensatory time. GAO had held that the employee was not entitled to overtime compensation because he: (1) accrued more compensatory time than was allowed under Treasury regulations; and (2) failed to use the compensatory time within the prescribed time period. Upon reconsideration, GAO held that: (1) the employee was required to adhere to agency regulations regardless of the advice of his supervisor; (2) Treasury did not determine that the employee was prevented from using the compensatory time because of an exigency of the service that was beyond his control; and (3) since the employee was not entitled to compensatory time, it would not consider whether Treasury induced him to perform the overtime work that led to the claim. Accordingly, the claim was denied.